Judge in Mississippi Tosses Huge Asbestos Settlement
Judge in Mississippi Tosses Huge Asbestos Settlement
Pat Guth contributes news and insightful content for the Mesothelioma Cancer Alliance. Bio »
January 07, 2012
Jackson, Mississippi – The asbestos-related award hailed as the largest settlement ever for a single plaintiff in the U.S. has been declared unlawful by a specially-appointed Mississippi judge after the case began to unravel, primarily because the original judge assigned to the case failed to reveal that his parents had been involved in similar asbestos litigation.
According to an Associated Press report, the case – conducted in Smith County, Mississippi – involved plaintiff Thomas Brown, who claimed to have inhaled asbestos fibers while mixing drilling mud that was sold and manufactured by Union Carbide Corporation and Chevron Phillips Chemical Company.
Brown was subsequently diagnosed with asbestosis, and by age 48, when he was presented with the award, he was wearing oxygen 24-hours-a-day. After a fairly long deliberation, the jury in the 2011 trial decided on compensation that included $300 million in punitive damages and $22 million in actual damages. The defendants found the settlement “outrageous and completely unsupported by the facts and applicable law,” according to one Union Carbide spokesperson.
Shortly after the award was handed down, Union Carbide asked circuit judge Eddie Bowen to toss it out. They also asked Bowen to step down upon learning of his conflict of interest – Bowen’s parents had sued Union Carbide in two separate asbestos lawsuits. But Bowen refused to respond, so the company took their plea to the Supreme Court, noting that Bowen’s prejudice against the company was clear in his rulings. The Supreme Court agreed and granted the request.
The case then went to Judge William Coleman who, upon reviewing the facts, decided to vacate “the judgment, the underlying jury verdict, and all rulings and orders of the former trial judge.”
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Article source: http://www.mesothelioma.com/news/2012/01/judge-in-mississippi-tosses-huge-asbestos-settlement.htm